1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. It consists of three buildings with a height of three floors, DB, located on the ground of Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, with two units per each floor.

B. The Plaintiff is the owner of Down Operation 101, and the Defendant is the owner of 301 in operation.

C. The structure of the wall abutting on the road among the second and third floors at the time of the construction of Down Building was about 2/3 of the total area was about 4 even windows from the ceiling to the floor, and the remainder of both windows was designed with walls.

However, the structure of the wall abutting on a road among the above 301 in operation (hereinafter “the wall of this case”) is the lower part of the entire area, which is about 1/3 of the lower part, and the remaining upper part 2/3 is the window of four even if the width is larger than the above design.

[Ground of recognition] Facts without dispute, Gap 5, 10 evidence, Eul 1 to 3, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion is that the Defendant is obliged to reduce the size of the window installed on the wall of this case in accordance with the design map and restore the area of the window by removing both windows, which are walls on the design map, from among the wall of this case, which are the section for common use of Dora, without permission, to restore the area of the window installed on the wall of this case and restore the removed wall to its original state.

B. In full view of the purport of the argument in the evidence Nos. 1 through 3, each house owner is different from each other. However, in the case of 12 households located in the second and third floors among 18 households in Dora, the structure and wide size of each window installed on the wall abutting on the wall abutting on the road, and the area of the wall except windows can be recognized each of the same facts (However, the above operation 301 has four even numbered windows with a width of 1 even more than other households, and six even numbered windows are installed in the remaining 11 generation). The evidence submitted by the Plaintiff alone proves that the Defendant removed part of the part of the wall in the wall of this case as the wall of this case or changed the structure such as the area of the window.